EU Charter of Fundamental Rights trumps domestic law
Mr Justice Langstaff has held that the EU Charter of Fundamental Rights requires provisions of the State Immunity Act 1978 to be disapplied where they bar employment law claims that are within the material scope of EU law.
In Benkharbouche v Sudan UKEAT/0020/13/GE, staff from the Sudanese and Libyan embassies had brought claims under the Working Time Directive, for discrimination and unfair dismissal. Their claims were dismissed due to state immunity. They argued this breached their right of access to a court or tribunal under Art 6 of the European Convention on Human Rights and Art 47 of the EU Charter.
Langstaff J held that, where a general and fundamental principle of EU law is concerned, the UK courts must disapply a contradictory domestic law, including primary legislation.
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